Dear Dave Tetzlaff, It would be nice if you would stop attributing
positions and opinions to people that those people don't have, or
suggesting, by implication, that they do things they don't do. You
have no idea who I charge and who I don't charge, or whether I ever
"demand" anything at all. And one thing you are leaving out is that
all people, in various walks of life, not just in the art world, but
including in the art world, do have a "right" to charge other people
for services provided. If time and money is being spent to provide a
service, one has a "right" to charge for the service given (if one so
chooses). If expertise and advice is wanted, one has the "right" to
charge for that expertise and advice (if one so chooses). Fred Camper
and I (sometimes) collect fees for a service that we provide. This
has nothing to do with copyright law. However, as to the separate
question of copyright and fair use, what is "fair use" is obviously
determined in part by whether or not the use is "of a commercial
nature" (vs research, criticism, teaching purposes), as well as by the
nature of the work, the amount used, and "the effect of the use upon
the . . . value of the copyrighted work." The original discussion
here began over someone who was inquiring about how to obtain "high
resolution images . . . for a book". Obviously there are sources and
methods that are better or worse, for various reasons. But
"permission" is another matter. -- People sometimes do, but often
don't, ask my "permission" to use images. They are more likely to
contact us simply to ask if we can provide them. However, while there
are, of course, many things that one does not have to ask any
permission for, I do appreciate the consideration of those people who
do ask for permission for various different uses of Brakhage work.
And if you are really of the general opinion that "asking permission
of anyone for anything is ideologically regressive, and frankly
irresponsible" -- well, I guess you live in a different universe than
I do.
No more time for this conversation I'm afraid. Much too busy
(providing mostly free services).
Marilyn Brakhage
On 3-Oct-15, at 11:38 AM, Dave Tetzlaff wrote:
If Marilyn deems it appropriate to charge 'small' fees that go to
Fred for his labor in providing "high quality images to represent
the films", that seems fair, but her 'small' could be a struggling
PhD student or fan-blogger's bridge-to-far, and she has no right to
exclude their ability to participate in discourse around the films
by using any fee, or a demand for any aspect of reproduction, as a
gateway obstruction.
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